Opinion
June 23, 1970
Order entered April 14, 1970, unanimously modified, on the law and the facts, without costs and without disbursements, to reduce the amount of temporary alimony and support directed therein to $50 per week and counsel fee to $400, and otherwise affirmed. Though the matter was before the Conciliation Commissioner, it was proper for Special Term to make the order (see Lebovics v. Lebovics, 34 A.D.2d 783). Defendant-appellant's financial circumstances do not justify the amounts awarded at Special Term.
Concur — Capozzoli, J.P., McGivern, Markewich, Nunez and McNally, JJ.